Court File: 27761
Vancouver Registry
IN THE SUPREME COURT OF BRITISH COLUMBIA
IN THE MATTER OF
the Extradition Act, 8.C. 1999, c. 18, as amended
AND IN THE MATTER OF
the Attorney General of Canada on behalf of the
United States of America
and
Wanzhou Meng, also known as “Cathy Meng” and “Sabrina Meng”
APPLICANT’S FACTUM RE: APPLICATION FOR JUDICIAL INTERIM RELEASE,
I STATEMENT OF THE CASE
1. Wanzhou Meng (the “Applicant”) is seeking judicial interim release pending an extradition
hearing yet to be scheduled, ‘The United States of America seeks the Applicant's
extradition to face allegations made in support of a warrant issued on August 22, 2018, in
the Eastern District of New York.
2. The Applicant is a mother of four and an accomplished businesswoman. She does not,
have a criminal record. She is a Chinese citizen, but she has substantial ties to Vancouver.The Applicant submits that, in light of all of the relevant circumstances, including the
Applicant’s background and good character, her longstanding ties to Vancouver, her
significant property holdings in the city, and the plan of supervision, her continued
detention is not necessary on the primary, secondary or tertiary grounds as set out at s.515
(10) of the Criminal Code of Canada., 1985, ¢-46. ‘The Applicant poses no risk of flight.
‘The release of the Applicant offers no threat whatsoever to the safety of the public, nor
would her release undermine public confidence in the administration of justice.
i SUMMARY OF THE FACTS
‘The Applicant’s Persor
round
‘The Applicant is 46 years old. She was born in C1
ngu, China, Her primary residence is
in Shenzhen, China. She is the mother of four children ranging in age from 10 to 20 years,
Her oldest son is employed and living independently in China. Both of her teenage sons
are currently away at school ~ one in China and the other + a
Her youngest, her only daughter, lives with the Applicant and her husband in Shenzhen.
The Applicant is a highly accomplished businesswoman. She holds a master’s degree
from Huazhong University of Science and Technology. In 1993 she joined Huawei ~a
telecommunications company founded by the Applicant's father. Ithas grown to become
China’ latgest telecommunications company, employing over 170,000 people world-wide
and more than 700 in its Canada operations. Within Huawei, the Applicant has held the
positions of Director of the International Accounting Dept, CFO of Huawei Hong Kong,
and President of the Accounting Mgmt, Dept. She currently serves as the CFO of Huawei
and Deputy Chairwomen of the Board.
Unfortunately, the Applicant has suffered from numerous health problems throughout her
life. Some of those issues persist to this day. For years she has suffered from
hypertension. She has survived thyroid cancer, for which she underwent surgery in 2011
In May of this year she had surgery on her jaw and throat to remedy health issues related tosleep apnea. As a result, she currently has difficulty eating solid foods and has had to
modify her diet to address those issues. Her doctor has been providing her with daily
packages of medications prescribed to treat these ailments.
While the Applicant has historically travelled extensively for work purposes and her
primary residence is in China, she also has significant ties to Vancouver ~ dating back at
least 15 years. ‘There was a period in her life when she had permanent residency status in
Canada. Her and her husband own two homes in Vancouver. Her younger children
attended el 1 in Vancouver cirea 2009-2012 —a period during which the
family’s primary residence was in Vancouver as the Applicant's husband was pursuing a
Masters degree in Canada. Every year, the Applicant, her immediate family, and her
extended family spend significant portions of their summers in Vancouver.
The U.S. Legal Proceedings
Constable Winston Yep’s affidavit dated November 30, 2018, filed in support of an
application for the issuance of a provisional warrant for the Applicant’s arrest, avers that
the Applicant is charged in the U.S. with “serious charges of fraud involving millions of
dollars.” ‘The Summary of the Facts prepared by the Requesting State in support of its
request that the Applicant be provisionally arrested, states that Huawei conducted certain
business (notably merely in relation to otherwise benign domestic telecommunications
equipment) in and related to Iran in contravention of U.S. economic sanctions legislation
that prohibited such business, Itis alleged that the financial institutions were misled in
respect of Huaweis compliance with such U.S. policy-based economic sanctions such that
the Applicant and others “exposed the financial institutions to serious harm and denied the
institutions the opportunity to make decisions based on the true tisk of processing the
certain transaction and the reputational risk associated with banking high-risk clients such
as Huawei.” In sum, it is important for context for the Court to understand that the
apparent allegations do not allege violation of Wassenaar treaty dual use technologies or